W9124B-16-R-0003_Draft__PWS_Section_C.pdf

2016 WORKING DRAFT

SECTION C

Descriptions and Specifications

C.1. General

C.1.1. Scope of Work C.1.2 Work Responsibility C.1.3. Contract Execution Documents C.1.4. Personnel / Supervision Requirements C.1.5. Standard Products & Materials C.1.6. Work by the Government C.1.7. Technical Design

C.2. Definitions and Acronyms C.2.1. Definitions C.2.2. Acronyms

C.3. Government Furnished Property and Services C.3.1. Use of Government Furnished Property/Services C.3.2. Facilities C.3.3. Utilities C.3.4. Government Furnished Equipment/Materials for Orders

C.4. Contractor Furnished Items

C.5. Specific Tasks C.5.1. Pre-Ordering Procedures C.5.2. Ordering Procedures C.5.3. Work Execution C.5.4. Project Close-Out

C.6. UPB Considerations

C.7. NOT USED

C.8. General Administrative Requirements

C.8.1 NOT USED

C.8.2 Submittals C.8.3 Installation Regulations C.8.4 Fire Protection C.8.5 Environmental Protection C.8.6 Safety Requirements & Reporting C.8.7 Physical Security C.8.8 Reserve Center/Installation Closings C.8.9 Permits, Fees, etc. (Non-Environmental) C.8.10 Salvageable Materials C.8.11 Work Site Maintenance / Work Protection C.8.12 Trucking C.8.13 Noise Control C.8.14 Moving of Furniture C.8.15 Traffic Control C.8.16 Interruption of Utilities Service C.8.17 Required Insurance

SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. GENERAL REQUIREMENTS

C.1.1. SCOPE OF WORK. Job Order Contract (JOC), is an Indefinite Delivery, Indefinite Quantity contract (IDIQ) for construction effort at Fort Irwin and the National Training Center properties identified herein. Under the Job Order Contracting (JOC) program, it is the Government’s clear expectation that projects executed against this contract shall exhibit superior quality, responsiveness, and customer service.

Each construction project will be awarded as an individual task order issued against the basic contract, specifying real property maintenance, repair, alteration, and/or new construction. The Contractor shall furnish all materials, equipment and personnel necessary to manage and accomplish the work. The Contractor shall provide sufficient technical support and project management to assure quality and completeness of designs and drawings, accuracy of estimates, accommodate a number of concurrent “active” projects, provide flexibility of design staff and subcontractor pool to handle rapid increases in work volume, perform according to schedule (including completion on time), and process submittals and payrolls in a timely manner.

C.1.2. WORK RESPONSIBILITY. The Contractor's work responsibility shall include all contractor planning, programming, administration, coordination, and management necessary to provide all work as specified. The work shall be conducted by the Contractor in strict accordance with the contract and all applicable Federal, State, and local laws, regulations, codes, United States Army Corps of Engineers Safety Manual 385-1-1 or directives. The Contractor shall ensure that all work provided meets, or exceeds critical reliability rates or tolerances specified or included in applicable documents. The Contractor shall provide related services such as technical design and other pre-award project development; project management; quality control (QC); preparation, review, and submission of required deliverables, and performance of all associated administrative work required to satisfy requirements specified under this contract and individual orders.

C.1.3. CONTRACT EXECUTION DOCUMENTS. The following documents shall be used in the execution of work under this contract:

a. UNIT PRICE BOOK (UPB) & SOFTWARE.

1. A UPB and approved compatible estimating software shall be utilized for all applicable pricing under this contract. The UPB for this contract shall be the sole source of pre-priced costs. Work tasks required for completion of specific project requirements that are not considered part of the "complete, in-place construction" of UPB items or are not otherwise contained in the UPB are called non-pre-priced (NPP), and their use is defined herein. “Actual” market pricing is not relevant or applicable under this contract except when necessary for calculating non-pre-priced work tasks. Any difference between actual prices and UPB pricing shall not constitute grounds for failure to perform nor shall be grounds for any equitable adjustment in the price for the task order.

2. The UPB/software system selected for this contract is the R.S. Means with the Premier version of 4Clicks operating system as provided and supported by e4Clicks, and is required to be procured by the Contractor and provided to the Government upon contract award. The supplied system shall, at a minimum, include government user licenses and contractor user licenses for access to e4Clicks/R.S.

Means JOC management system, Construction Task Catalog (UPB price data) and Technical Specifications; annual updates of the Construction Task Catalog and Technical Specifications for the term of the Contract; the providing of 1 hard-copy sets of the UPB to the government, and annual training for the Fort Irwin and Contractor staff. Eight licenses shall be provided to the government for its use, and the contractor shall obtain for his use sufficient licenses to ensure its ability to react to, and fulfill in a timely manner its responsibilities under this contract. All costs associated with providing the UPB & software system shall be included in the coefficients bid by the contractor. No additional payments shall be authorized.

E4Clicks point of contact for more information on pricing, licensing terms, and procurement for the e4Clicks operating JOC System is Mike Brown at sales@4clicks.com or 866.438.4254.

3. The approved UPB contains net unit prices for the description of work to be accomplished at the unit of measure identified. These net prices provide consideration for all direct labor, materials, and equipment costs necessary to provide complete, in-place construction (or demolition). See Section C.5.

for more specific details.

4. All indirect costs shall be covered by the Contractor’s coefficient(s). In addition to the costs defined in C.2., the Contractor’s coefficients shall include consideration for inflation and or other market fluctuations occurring through the end of the calendar year in advance of acquisition of the updated Cost Data (unless the Contractor opts to procure updated cost data more frequently from the vendor at no additional cost to the Government).

b. CONTRACT TECHNICAL SPECIFICATIONS.

1. The Technical Specifications to be utilized under this contract for the purpose of specifying construction for military facilities shall be identified within the scope of work for each task order.

Specifications may consist of any one, or combination of the following:

(a) Unified Facilities Guide Specifications (UFGS).

These specifications may be accessed on the Internet at http://www.wbdg.org/ccb/browse_cat.php?c=3.

The UFGS may be read on line in PDF format (Adobe Acrobat Reader, required –download at http:// www.adobe.com), or down-loaded for future reference. Some downloaded files will require use of Specs Intact software for reading (down-load at http://www.wbdg.org/tools/specsintact.php).

These Specifications are numbered and organized by the Construction Specification Institute's (CSI) Master Format. The Contractor shall note however, that there is not necessarily a direct correlation between a particular specification number and a particular UFGS number (e.g., UFGS 26 60 13 40 Low- Voltage Motors, and UPB Section 26 71 13.20 Motors), so the content of each applicable specification and UPB section will be reviewed for logical and reasonable applicability. These specifications may be further supplemented by the Government on a project-by-project basis as required with industry specifications, and result in no additional cost to the Government, provided that in the Government’s view the supplemental specification supports, and does not conflict with or clearly exceed the work described in the applicable UPB line item(s).

(b) R.S. Means Technical Specifications.

These specifications are generally abridged versions of more detailed guide specifications, and reflect typical construction requirements.

(c) Industrial / Commercial Specifications.

Specifications written by standards organizations (ASTM, ISO, CEN,, etc.), trade associations, corporations, or others to define an explicit set of requirements to be satisfied by a specific material, design, product, or service may be used in the absence of applicable UFGS or R.S. Means specifications.

However, installation of all products and equipment shall conform to the specific product/equipment manufacturer’s instructions.

2. The purpose of specifications is to furnish concise standards for work and/or materials used in the maintenance and repair, or construction of Government facilities. The specifications will be used to define and enforce minimum requirements during the construction phase of each order.

C.1.4. CONTRACTOR PERSONNEL/SUPERVISION REQUIREMENTS.

a. IDENTIFICATION OF KEY PERSONNEL TO THE GOVERNMENT. Notice of key personnel designations with qualifications and references shall be provided to the Contracting Officer for approval 10 calendar days prior to contract start date and updated as changes occur. Qualifications of key mailto:sales@4clicks.com http://en.wikipedia.org/wiki/Requirements personnel will be gauged against qualification standards ultimately accepted as part of the best and final offer for this contract. Key personnel include: Overall Contract Supervisor, QC Manager, Safety Manager and project management personnel. The Government has the right to reject the Contractor’s choice of individual personnel for failure to meet the qualification standards incorporated into the contract. This procedure shall be repeated anytime the Contractor replaces any member of his key staff.

b. CONTRACT SUPERVISOR. The Contractor shall appoint an overall contract supervisor (CS) dedicated to this contract. The contract supervisor shall provide overall daily management and coordination of all contractor operations, and shall be the central point of contact (POC) with the Government for performance of all work under this contract. The contract supervisor and any individual(s) designated to act for him shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to the Contractor's administration of the contract. Individual(s) shall be designated by letter to act for the contract supervisor when work is being performed at hours other than normal duty hours or during the contract supervisor's absence.

As a minimum, the CS shall possess a minimum of five years’ experience in a similar building construction supervisory position, such as an overall contract supervisor for a JOC, task order contract (TOC), simplified acquisition of base engineering requirements (SABER), and/or other large multi-discipline, multi-task IDIQ contract.

c. TECHNICAL / PROJECT MANAGEMENT STAFF. The Contractor shall maintain sufficient technical design and project management personnel to perform the scope of the required work, and to respond to the Government’s requirements within the times specified for multiple, concurrent actions requiring simultaneous execution. These personnel shall have the following minimum experience, demonstrated abilities, and/or designated responsibilities/authorities:

- have a minimum of three years’ experience as a senior estimator in the building construction industry;

- shall have a demonstrated understanding of and familiarity with the principles, methods, and techniques of architectural, civil, mechanical and electrical construction;

- shall possess demonstrated knowledge and understanding of JOC and/or similar IDIQ estimating processes;

- shall have demonstrated knowledge of applicable labor laws, Davis/Bacon Act and schedule of wages;

- shall also have the capability/authority to supervise subcontractors and perform periodic construction Inspections in support of contract QC operations.

d. CONTRACTOR PERSONNEL / SUBCONTRACTORS.

(1) The Contractor shall be wholly responsible for providing contract personnel and subcontractors who are well qualified and otherwise trained to perform the required work, and supplying them in sufficient number to successfully execute all contract requirements (including for concurrent orders simultaneously), for supervising techniques used in their work, and for keeping them informed of all improvements, changes, and methods of operations.

Should the personnel and/or subcontractors provided by the Contractor prove to be incapable of performing work satisfactory to the Government, the Government will require that such personnel and/or subcontractors be immediately removed from performing work under this contract, and that any defective work performed be immediately replaced at no additional cost to the Government. Such action by the Government will not provide grounds for extension of performance periods for affected orders.

(2) The Contractor shall be responsible for the performance and conduct of his employees, to include subcontractor employees, at all times while performing under the contract. Employees of the Contractor or subcontractor may be denied entry to the installation by the military police or other authorized Government authority if it is determined that such entry may be contrary to good order, discipline or the security of the installation. Pursuant to 18 U.S.C. 1382, the Installation Commander may bar individuals from entry on the installation.

e. CONTRACTOR EXPERIENCE/SKILL. Only personnel who are competent, qualified, and have demonstrated experience in applying accepted engineering and/or trade practices for the type work for which they are to be employed on this contract shall be used. The Government reserves the right to require written verification of personnel qualifications from the Contractor or his Sub-Contractors.

All field work shall be done to journeyman-level standards; work failing to meet this standard as determined at the discretion of the Government; work shall be re-preformed at no additional cost to the Government.

f. SUPERVISION OF WORK.

(1) The Contractor shall provide all supervision for work performed by Contractor personnel; the Government will not exercise any supervision or control over Contractor employees or sub-contractors performing work under the contract. The Contractor, in turn, shall be accountable to Government for his employees and sub-contractors. The contract supervisor or his designated representative shall be responsible for ensuring that required supervision of Contractor & sub-contractor personnel will be provided for all orders under construction, regardless of location.

g. SUPERVISION OFFICE. The Contractor shall maintain a supervision office to receive work requirements and provide other management services for meeting the Contractor's obligations under this contract. This office shall be physically located to facilitate the execution of orders under this contract, and shall be the daily duty station for the contract supervisor and contract staff. Facility shall be located on Fort Irwin.

C.1.5. STANDARD PRODUCTS / MATERIALS: Materials and equipment shall be a standard product of a manufacturer regularly engaged in the production of that product that have been in satisfactory use for at least 2 years prior to award of this contract. Materials and equipment shall be installed in accordance with the manufacturers written instructions, and fully satisfy the Government requirements - otherwise they shall be replaced at no additional cost to the Government. Any reference by brand and/or specific product contained herein is for the purpose of establishing quality and performance standards only, and is not intended to limit competition.

C.1.6. WORK BY THE GOVERNMENT. The Government reserves the right to undertake performance by Government forces or other Contractors, the same type or similar work as contracted for herein, as the Government deems necessary or desirable at its' discretion, and to do so will not breach or otherwise violate this contract.

C.1.7. TECHNICAL DESIGN: The JOC will not be used to obtain any technical design services for projects that will not be carried out under the contract, however engineered design effort is anticipated for some individual projects, or portions of projects to be carried out under this contract. The Contractor shall provide technical design work to execute individual task orders as required. The Government is the final authority regarding the content or scope of the required design, but this in no way relieves the Contractor from his responsibility for the technical sufficiency of his work as defined below.

Consideration for professional-level technical design work shall be captured in the UPB within the applicable task order proposals.

Technical design within the capabilities of the Contractor’s staff and as required as the more typical participatory process is considered incidental to the performance of the contract with costs covered by the

UPB.

a. SCOPE: As required by the Government in a Request for Proposal, the Contractor shall provide the contractor’s proposal required to execute the specified requirements. Work required includes the development of detailed shop drawings, sketches and layouts in sufficient detail to allow proper review by various technical Government agencies and enable complete and usable construction work. In order to contribute to the responsiveness of the individual projects, provided under this contract shall focus primarily on technical sufficiency and constructability rather than on formal presentation and extraneous details. Work required includes:

(1) The evaluation of project site existing conditions to be affected by, or contribute to the project design. Evaluation shall include all testing required to establish necessary preliminary information (e.g.

soil borings, load tests, service sizes/capacities, etc.)

(2) Proposal development to satisfy the identified requirements as coordinated with the Government.

Shop drawings/documentation shall identify applicable to Codes (e.g., IBC, NEC, NFPA, etc.), Standards (e.g., ANSI, ASTM, etc.), Design Guides (e.g., DPW, USAR, etc.) and/or DoD Unified Facilities Criteria (UFC) provisions for incorporation into project documents; technical research; load and quantity calculations in accordance with accepted engineering practice The Contractor shall be fully responsible for the technical sufficiency of his design work, to include costs associated with removing & re-performing previously installed work to correct design omissions and errors. Costs for omitted requirements which would have otherwise been captured in the original negotiated proposal to provide the required product had the design been complete will be added by modification.

The Contractor shall ensure that the technical specifications, drawings of his proposal clearly correlate with readily applicable/available UPB cost item descriptions everywhere possible to facilitate order take-offs and negotiations.

(3) final products (i.e., specifications, project drawings, design calculations, supporting tailored UFGS and/or industry specifications etc.) as required to demonstrate level of engineering effort and to provide clear and concise guidance to installing sub-contractor(s).

Shop drawings shall show all items needed for the construction, shall adequately support quality assurance and control functions, and shall be updated as needed to reflect change orders and/or as-built conditions.

Design products shall be in sufficient detail to allow proper review by various technical Government agencies and enable complete and usable construction work.

Shop drawings produced shall be fully compatible with the DPW CADD software.

Design products shall be stamped by registered PE or Architect as required either by the complexity of the work or as otherwise required by the Government.

C.2. DEFINITIONS AND ACRONYMS

C.2.1. DEFINITIONS. As used throughout this contract, the following terms shall have the meaning set forth below:

a. COEFFICIENTS:

1. PREPRICED: Multiplier(s), developed and bid by the Contractor, to be applied against the published Unit Price Book cost line items for the purpose of providing consideration to the Contractor for in-direct costs including, but not limited to the following:

Business Costs:

- Prime contractor profit & home office overhead

- Subcontractor’s overhead and profit

- Local office rental & expenses

- Mobilization and close out for the total contract, as well as mobilization at all levels for each Task order

- Insurance (to include Builder's Risk), bonds, and indemnification

- Business taxes, contributions, memberships, corporate headquarters support, other costs of doing Business

- Taxes not covered by Government-furnished tax exemption certificates

- Allowance for differences between location-specific Davis-Bacon wage rates and the rates used in Construction of the UPB line items

- Over-all contract & individual project management and supervision

- Employee payroll taxes

- Payroll fringe benefits

- Interest associated with funding of equipment and payroll

- Risk of poor or late (sub) contractor performance and requirement for re-performance

- Variances in subcontractor or worker availability, & other local market conditions for each site not Otherwise addressed by UPB vendor

- Contingencies

- Travel, incl. coverage for distances between work sites and project office

- Depreciation of equipment or facilities

- Performance and payment bonding

- Risk of lower project volume than expected

- Risk of inflation costs not captured in UPB updates

- Contractor Quality Control including conformance and acceptance testing

- Worker safety/personal protective equipment

- lay out of work for each project order

- Consultant / incidental technical design fees

- General environmental protection and compliance

- UPB costs confidence (to include issues regarding how the cost data are captured and the size/types of Projects they reflect)

- Consideration for complete in-place construction requirement

- Work-site security; etc.

2. NON-PREPRICED: Multiplier to be applied against validated direct-price quotations for work not covered by the contract UPB. Coverage for the same issues as those for PREPRICED coefficients except: the allowance for differences between UPB and location-specific Davis-Bacon wage rates (as this is not applicable), consideration for actual/estimated inflation and or other market fluctuations (i.e., coefficient shall be applied to "current" costs in lieu of published UPB costs), and vendor/subcontractor overhead and profit as those costs are typically included in the quotes required for NPP items.

b. COMPLETE, IN-PLACE CONSTRUCTION. Work having all necessary or normal parts, elements, components, appurtenances, and/or steps provided at its specified location resulting in products that are fully functional, without the need for additional labor, materials, and/or equipment in order to reach its’ fully functional and useable state. See Section C.6.2.b for a more detailed discussion.

c. CONTRACTING OFFICER (KO). A person duly appointed with the authority to enter into and administer contracts on behalf of the Government.

d. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An individual designated in writing by the KO to act as an authorized representative of the KO to perform specific contract administrative and execution functions.

e. CONTRACTOR. For this contract, the term “Contractor” refers to both the prime contractor and his subcontractors. It is the prime contractor’s responsibility to ensure that all subcontractors comply with the provisions of this contract.

f. HAZARDOUS MATERIALS. Refer to hazardous and toxic materials/substances included in Sub-parts H and Z of 29 CFR 1910 and to others as additionally defined in Fed. Std. 313. Those most commonly encountered include asbestos, polychlorinated biphenyl’s (PCB), solvents, petroleum and paints but does include others. The most likely products to contain asbestos are sprayed-on fire-proofing, floor tile, insulation, siding, roofing, boiler lagging/gaskets, and pipe covering.

g. NON-PRE-PRICED (NPP) WORK. Non-pre-priced items of work are those items required to provide the intended end product of a project that are not part of the contract UPB, but can be utilized in accordance with the procedures defined in Section C.5. If the negotiated NPP portion of a project > 10% of the total cost, the project is typically not appropriate for JOC and an order will not be issued for that particular project.

h. QUALITY ASSURANCE. Those actions taken by the Government to assure that the quality of purchased work is acceptable and in accordance with the specified requirements of the contract/Task Order.

i. QUALITY CONTROL. Those actions taken by the contractor to control the execution of the specified work so that it meets the requirements of the contract/Task Order.

j. QUALIFICATION STANDARDS. Quantifiable and enforceable criteria negotiated with the Contractor, establishing minimum requirements and/or conditions necessary to successfully execute the responsibilities of a given position, against which applicants for employment are evaluated. (Reference Section L.).

k. DIRECT COSTS: Those costs directly attributable to the physical performance of a specified item of work.

l. TASK ORDER: Identifier for each awarded project action under this contract.

C.2.2. ACRONYMS.

CLIN - Contract Line Item Number CO/KO - Contracting Officer COB - “close of business” COR - Contracting Officer's Representative CS - Contractor’s Contract Supervisor CTC - construction task catalog (another name for UPB) DPW - Directorate of Public Works EPA - Environmental Protection Agency GFE - Government Furnished Equipment GFM - Government Furnished Material IAW - “in accordance with" JOC - Job Order Contract MICC - Mission Installation Contracting Command

NLT - “no later than” NPP - non-pre-priced PM - Government Project Manager PWS - Performance Work Statement SOW - scope of work TO - task order UPB - Unit Price Book

C.3. GOVERNMENT FURNISHED PROPERTY AND SERVICES

C.3.1. USE OF GOVERNMENT FURNISHED PROPERTY/SERVICES. Use of Government furnished property and services shall be limited to performance of this contract.

C.3.2. FACILITIES. If the scope of a project requires an extended presence by the Contractor at a given site, it is the Contractor's responsibility to provide any necessary trailers and/or storage rooms to house staff personnel, materials, and equipment used in performance of this contract. The Contractor shall provide and post a neatly lettered sign identifying the company name, telephone number(s) and emergency telephone number(s). Other information is at the option of the Contractor.

C.3.3. UTILITIES. The Government will furnish to the Contractor from existing Government facilities and without cost to the Contractor, water and electrical power supply, as set forth below.

a. WATER.

1. The Government shall make available from existing Government facilities and without cost to the Contractor, any adequate supply water (NTE 10K gal/day) necessary for performance of task orders under this contract. However, Government will in no instance furnish or install supply connections and/or piping for the purpose of implementing the availability of a water supply for the contractor. It is the responsibility of the Contractor to determine the extent to which existing Government water supply sources are adequate for the needs of any order developed under this contract, and provide alternative proposals as required in the event existing supply is inadequate or unavailable.

2. All taps, connections, and necessary equipment required in making a water supply source available will be accomplished by and at the expense of the Contractor (with reimbursement captured within the applicable order proposals). This shall include furnishing and installing an approved backflow preventer in any case where a possible contaminant could be introduced into the water supply, IAW applicable State regulations (e.g., MO 10 CSR 60-11.010) or as directed by the Government. All work in connection therewith shall be coordinated, scheduled and performed as directed and by the KO/Ordering Officer/COR. Said taps, connections, and equipment shall be fully protected and maintained by the Contractor in accordance with all applicable ordinances, rules, and regulations. Unless otherwise approved by the KO, upon completion of the contract/order, the removal of all taps, connections and accessories shall be accomplished by and at the expense of the Contractor so as to leave the water supply source or facility in its original condition.

b. ELECTRICITY.

1. When electrical utility use resulting from the contractor’s operation is considered to be negligible relative to the continued functional operation of the affected facility, there are no utility connections necessary, etc., the Government will typically furnish from existing Government facilities and without cost to the Contractor, all electrical power necessary for performance of orders under this contract, provided, that the Government will in no case furnish or install any new electrical facility or accessory for the purpose of creating the availability of electrical power for the purpose of this contract. It is the responsibility of the Contractor to determine the extent to which existing Government electrical facilities are adequate for the needs of this contract, and to make alternate provisions as required. The Contractor shall carefully conserve utilities, if any, that are furnished without charge.

2. For work on Fort Irwin wherein job trailers are used and require separate utility connections, the facility or a substantial portion there-of is vacated for the contractor’s sole occupancy during construction, etc., the provision of electricity (or other utilities) for his convenience is an integral and necessary part of the project, etc., the contractor shall establish a utility sales contract with the DPW Business Operations Div. so that utility reimbursements can be collected. All temporary utility connections and services for site trailers, field offices, construction power, etc. shall be at the Contractor's expense. The utility usage during construction, and until time of beneficial occupancy by the Government, shall be paid for by the Contractor at the prevailing rates charged by the Government. The Contractor shall establish a Utilities

Sales Agreement with the DPW Business Operations Division 15 working days before final connection of any utility is desired.

3. All taps, connections, and necessary equipment required in making the electrical power available will be accomplished by and at the expense of the Contractor (with reimbursement captured within the applicable order proposals), and all work in connection therewith shall be coordinated, scheduled and performed as directed and approved by the Contracting Officer or COR. Said taps, connections, and equipment shall be maintained by the in accordance with all applicable ordinances, rules and regulations. Unless otherwise directed, upon completion of the contract/order the removal of all taps, connections and accessories will be accomplished by, and at the expense of the Contractor so as to leave the electrical power source or facility in its original condition.

c. TELEPHONE SERVICE. Any telephone services required will be the responsibility of the Contractor.

C.3.4. GOVERNMENT-FURNISHED EQUIPMENT/MATERIALS FOR PROJECTS.

a. The Contractor, with his own forces, shall transport all Government-furnished equipment and materials, if any, as required by the applicable order. Equipment and materials shall be transported from the Government storage area to the work site indicated on the delivery order. As UPB unit prices include equipment and materials, work utilizing GFE & GFM shall be accomplished by use of the non-pre-priced items clause.

b. The Contractor assumes the risk and responsibility for the loss or damage to Government-furnished property.

c. The Contractor shall follow the instructions of the Contracting Officer or COR regarding the disposition of all Government-furnished property not consumed in performance of an order.

C.4. CONTRACTOR FURNISHED ITEMS

Except for items listed in paragraph C.3, the Contractor shall provide all facilities, equipment, materials, and services to perform the requirements of this contract.

C.5. SPECIFIC TASKS

C.5.1. PRE-ORDERING PROCEDURES.

a. As the need exists for performance under the terms of this contract, the Government will notify the Contractor, verbally and/or in writing, of the requirement and establish the time of the joint site visit.

b. Upon receipt of this notification, the Contractor shall respond to the needs of the Government by visiting the proposed work site at a time and date specified by the Government in the company of the designated Government task order Project Manager to further define the scope of the requirement.

During this site visit and scope definition process, the Contractor and the Government will jointly define the work area and major work items required to accomplish the required scope of work. Requirements will be identified, measurements taken, rough sketches made, need for technical shop drawing work established, etc. Facility access considerations, initial estimate of the performance period, and other special conditions will be discussed. These scope details will be refined into a project scope of work/constructability drawings from which jointly prepared major task item take-offs shall be obtained and agreed to prior to RFP. If formal technical design work is not required of the contractor, Ordering Procedures will be implemented as defined below.

c. Technical Design.

1. Should formal technical design work be required of the contractor after the joint site visit, the Government will prepare a general Scope of Work defining the project requirements to be satisfied, and issue an RFP (Design Proposal) to the Contractor as applicable. Design proposals are required as specified by the Government, but no later than 45 calendar days from the RFP date.

Upon receipt of the RFP (Design), the Contractor will develop a detailed proposal (format to be provided by the Government) and engineered design for accomplishment of the required work, in accordance with Section C.1.7., TECHNICAL DESIGN. Examples of documentation that is reasonably expected include drawings, calculations, code references, catalog cuts, specifications, and major task quantity take-offs produced to a level of detail and skill that could be expected of experienced, competent engineers with five or more years’ experience in their respective trade.

The contractor shall provide three (3) hard-copies and the electronic files of the scope/design package for coordination/review by the Government.

2. The Contractor’s scope of work and design will be reviewed in coordination with appropriate agencies, and necessary revisions identified by the Government. Once revisions have been made to the Government’s satisfaction, jointly prepared major task item take-offs shall then be obtained.

C.5.2 ORDERING PROCEDURES.

a. Upon establishment of the scope of the individual requirement, the Contractor shall be requested to prepare his cost proposal for accomplishment of the project initially based on the jointly developed major tasks take-offs and supplemented by all legitimate work required to provide the specified products in the most efficient manner possible. Time for submittal of the Contractor's proposal will be specified in each project RFP.

b. Each project proposal submitted by the Contractor shall consist of an itemized listing of all proposed items, quantities, extended prices, total proposed cost, as well as supporting documentation as outlined below. The approved UPB cost data and associated software shall be used for this purpose.

1. PROPOSAL FORMAT. The Contractor's proposal shall be supported by all necessary documentation to indicate that adequate development and planning to accomplish the requirement has been done.

(a) PRE-PRICED PORTION. Proposals shall consist of an itemized breakdown of costs from the UPB, utilizing the contractor-supplied estimating software. The UPB shall serve as the basis for establishing the value of the work to be performed on a unit price basis for pre-priced work. All in-direct costs are included in the Contractor's coefficients as defined in Section C.2.

(b) NON-PRE-PRICED PORTION (NPP). Items necessary to execute a given Scope of Work clearly not contained within the UPB, shall be broken out into a separate section of the proposal. The amount of NPP work appropriate in a new order is limited to 10% or less of the negotiated total.

The "present day" cost of non-pre-priced work shall be substantiated by a minimum of three (3) vendor quotes and/or other sources of cost data (i.e. labor break-downs, equipment rental, etc.) in sufficient detail to allow validation by the Government. The Government reserves the right to demand further detailed supporting documentation at its discretion should it be deemed required.

(c) PROPOSED COMPLETION PERIOD. When the required delivery date has not been specified by the Government, the Contractor shall annotate on his proposal summary sheet his proposed completion period supported by sufficient documentation (e.g., letters from vendors, etc.) to validate proposed completion periods. However, the performance period will be negotiated for each order dependent primarily upon the requirements of the Government. It is recognized that this period must contain consideration for material acquisition as well as for actual construction - therefore this period will be discussed and then finalized at the proposal negotiation meeting.

(1) The period of performance is the period between Task Order award and the time all work under the order is complete.

(2) In the event the Government and Contractor cannot agree upon a period of performance, the Contracting Officer will specify a period of performance.

Inclement weather during the execution of applicable orders shall be documented for subsequent requests for Time Extensions in accordance with the provisions defined herein. Weather days allowed will be applied for the total project; time extensions for weather shall not be considered unless the aggregate number of allowable days are exceeded as supported by verifiable QC and QA documentation.

c. Many UPB task descriptions identify size and/or types of equipment which form the basis of the line item cost. Task line items shall be selected based upon the most efficient and reasonable equipment application and not upon which provides financial advantage to either party.

d. The Contractor shall provide one (1) copies of his project cost proposals to the Government; (1) directly to the Contracting Officer. Upon receipt of the Contractor's proposal, the Government will review the proposal for completeness and accuracy, developing a pre-negotiation Technical Analysis (TA) document which will be provided to the KO. The Government will negotiate with the Contractor on all non-pre-priced items, pre-priced line item applicability and quantities, and performance periods.

e. Orders will then be issued using a DD Form 1155, with a copy of the Scope of Work attached, and reference made to the negotiated proposal as an inseparable part of the order requirements.

1. All work within the minimum and maximum order limits established in Section I, contract clause entitled “TASK ORDER LIMITATIONS” shall be performed as ordered without option of refusal by the Contractor.

2. Due to the mechanics of the Government's appropriation system, it may not be possible to issue a particular order immediately after the proposal negotiations. Also, it should be realized by the Contractor that circumstances may prohibit the Government from issuing an individual order after the receipt and negotiation of the Contractor's order proposal. If such circumstances arise, the Government is not obligated to reimburse the Contractor for any costs incurred in the preparation of the order proposal.

C.5.3. WORK EXECUTION.

a. The Contractor shall be required to commence, prosecute, and complete the entire work not later than the delivery date specified on the project order notice to proceed (NTP). The time stated for completion shall include final cleanup of the premises and submission of all post construction deliverables.

NOTE: All orders are considered separate projects, and any decision by the Contractor to utilize a limited number of subcontractors on multiple orders shall not constitute grounds for periods of no work, time extensions, or avoidance of liquidated damages or other reductions for cause.

b. DELIVERABLES / NOTICE TO PROCEED.

1. ADMINISTRATIVE SUBMITTIALS. Post-completion deliverables such as completed warranties certificates, O&M manuals, environmental closure documents, etc. shall be provided prior to requesting final payment

2. MATERIAL/EQUIPMENT SUBMITTALS. Prior to receiving Notice to Proceed (NTP) the

Contractor shall prepare, or have prepared by his sub-contractors, material and/or equipment submittals (as required in individual SOW’s) and performance schedules in sufficient detail to demonstrate conformance to technical specifications, negotiated delivery period, and/or other provisions defined in scopes of work.

3. The Contractor shall review all submittals for accuracy, completeness, and applicability prior to submission to the Government. One (1) copy of all submittals shall be submitted to the KO for review.

Final distribution of reviewed submittals by the Government is 1 copy to the KO, and 1 copy returned to Contractor. However, the Government reserves the right to limit the time available to the contractor for soliciting subcontracting support and providing deliverables for any order on a case-by-case basis.

4. NOTICE TO PROCEED. All pre-performance deliverables are required no later than 28 calendar days from order award. Notices to Proceed will be issued after approval of the pre-performance deliverables (both administrative and material/equipment) or on the 29th day after order award, whichever is earlier. Delays in procuring subcontractors during this deliverables phase shall not constitute grounds for delaying issuance of NTP nor for extension of the delivery date for the order. For Emergency Orders, the notification from the Contracting Officer constitutes notice to proceed, and the contractor is expected to begin work immediately; any deliverables associated with an emergency order shall be provided as soon as practicable.

c. WORK COORDINATION.

1. ADVANCE NOTIFICATION. In anticipation of starting work on a project, the Contractor shall coordinate access to the affected facility with the appropriate Facility Manager or occupant point of contact a minimum of 5 full working days prior to the desired date of starting work, unless otherwise specified in the subject order. Notification shall also be given to the appropriate Government Project Manager at that time.

2. DAILY NOTIFICATION. At the beginning of each working day (and no later than 9:00 a.m.), the Contractor shall notify the COR of the location/locations he will have workers at that day, and the work planned for each location.

3. SCHEDULING WORK. It is the responsibility of the Contractor for scheduling and coordinating his work and the work of his subcontractors to meet the requirements of the Government. At the discretion of the Government, a pre-construction conference may be scheduled for an individual order.

The Contractor shall also manage his and his subcontractor’s work so to cause minimum disruption to the existing facilities and operations. The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections or divisions are begun.

4. EXCAVATION PERMITS. The Contractor shall be responsible for obtaining excavation permits (when required) from local utilities (to include the DPW) in advance of performing work under an individual order. Copies of completed permits shall be provided to the COR upon receipt.

d. QUALITY CONTROL. The Contractor is responsible for the quality control of all work awarded under this contract. The required inspections, tests and reports made by the Contractor, sub-contractors, specially trained technicians, equipment manufacturers, and others as required to ensure successful execution of a delivery order, shall be furnished IAW the terms of the applicable order and Section E of this contract.

1. CONFORMANCE TO NEGOTIATED SCOPE: During the construction phase of every order, the scope of work and the negotiated cost proposal will be continually referred to, to ensure that the Government receives the full scope of work negotiated. Any unapproved deviations in methodologies, layout, materials, etc. from the negotiated scope/design and corresponding negotiated cost proposal shall be considered as defects and will be addressed by deductive modification and/or requirement for re-performance.

2. JOINT PRE-FINAL AND FINAL INSPECTIONS. In accordance with Section E, the Contractor shall notify the Government Project Manager when a project is ready for joint inspection. Punch-list items identified during the joint pre-final inspection shall be corrected prior to requesting a joint final inspection, and by a date established at the pre-final. If deficiencies still exist at the time of the final inspection, additional joint inspections will be required prior to acceptance of work.

3. ADVANCED NOTICE OF CONTRACTOR PERFORMED ACCEPTANCE TESTING: The Contractor shall notify the Contracting Officer a minimum of 20 days prior to performing any acceptance testing of the following systems, (1) EMCS, (2) Fire Detection/Protection, (3) Intrusion Detection System,

(4) Uninterruptible Power Supply, (5) HVAC, and (6) Pressurized Water systems. Advance notification is not required for testing performed as part of fabrication or installation.

C.5.4. PROJECT CLOSE-OUT.

a. RECORD DRAWINGS. During the progress of a particular project, the Contractor shall keep a careful record at each job site of all changes and corrections from the layouts shown on the project drawings, when required and as specified in the applicable RFP. The Contractor shall promptly enter on the project order record drawings in red ink all such changes and corrections. Each sheet of the corrected set shall be labeled with the marking: "RECORD DRAWINGS, AS-BUILT".

1. The record drawings shall indicate, in addition to all changes and corrections, the actual location of all identifiable sub-surface utility lines. In order that the location of these lines and appurtenances may be determined in the event the surface openings or indicators become covered over or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface features, the end of each run including each change in direction. Valves, splice boxes, and similar appurtenances shall be located by dimensioning along the utility run from a reference point. The average depth below the surface of each run shall also be recorded.

2. At the time of beneficial occupancy of each structure or facility involved under the contract, the Contractor shall submit to the KO, As-Built drawings showing the aforementioned information. The work outlined above is a subsidiary portion of the contract work, and is assigned a value of 5% of the value of each affected project. The Contractor shall assign a value of that amount in the breakdown for progress payments. If the Contractor fails to maintain and provide the record drawings as required herein, the Government will consider that satisfactory progress has not been achieved, thereby requiring the retention of 5% from any request for progress payment, on top of any other retainage applied for cause.

b. OPERATION AND MAINTENANCE MANUALS. Prior to final acceptance and payment of each order, the Contractor shall submit three copies of all operation and maintenance/service/overhaul/repair manuals to the KO, for HVAC systems, electrical controls, etc., and/or other systems or equipment as specified in the specific project order RFP. As specified in a particular project scope, the Contractor shall conduct a training session to brief Government personnel in-house contract personnel, on the operation and maintenance procedures of such systems at no additional cost to the Government. The work outlined above is a subsidiary portion of the contract work, and is assigned a value of 10% of the value of the equipment installed. The Contractor shall assign a value of that amount in the breakdown for progress payments. If the Contractor fails to provide the manuals and other literature as required herein, the Government will consider that satisfactory progress has not been achieved, thereby requiring the retention of 10% of the installed equipment value from any request for progress payment, on top of any other retainage applied for cause.

c. WARRANTIES.

1. Manufacturer’s warranties on installed equipment and/or systems shall be provided to the Government prior to requesting final payment. If no specific warranty terms are established by a particular UPB line item/section, the manufacturer's standard (“no fee”) warranty (ies) shall be provided at no additional cost to the Government.

However, manufacturer's single-document extended (longer term) and/or expanded (e.g., labor & material with/without longer term) warranties may be specified on individual orders; the terms, conditions, and cost of these warranties shall be defined during pre-award activities and negotiated into the resultant order as required.